How long can you be held on probable cause?
Asked by: Dominique Smith | Last update: June 28, 2025Score: 5/5 (44 votes)
If the time period to hold you without charge is extended, you should be notified by law enforcement. If you aren't being notified or you've been detained more than 48-72 hours, you should contact a criminal defense attorney. You may have a constitutional claim against law enforcement.
How long can someone be held without charges?
If arrested or called in for questioning, California Penal Code Section 825 states that defendants must be brought before a judge within 48 hours to determine whether they will be charged or released. In other words, you can be held for 48 hours without charges.
What comes after probable cause?
After the preliminary Hearing, if probable cause is found to believe the accused committed the crime, then the case is sent on to District Court. 4. Once the District Attorney's Office is involved in the case, they are the ones who prosecute it from the State's side.
What is an example of a probable cause?
For example, the officer may have been called to a store after reports of a shopper acting suspiciously. If the accused is threatening to rob the store or is in clear possession of a firearm, this would give the officer the required probable cause to make an arrest.
How long can you be held under investigation?
If facing a misdemeanor or felony investigation, the length of time of the investigation can - technically speaking - be as long as the law permits that charge to be prosecuted; starting from the time the crime is committed (or discovered), until the last eligible day for arrest or filing of criminal charges.
How Long Can I Be Detained At A Traffic Stop?
How long can investigative detention last?
Many courts have found 20 minutes to be a reasonable amount of time for an investigative detention. However, the Supreme Court has refused to set any hard- and-fast time limit on the length of an investigative stop, ruling that whether the stop is too long depends on the circumstances of each case.
What is the burden of proof for probable cause?
Some courts and scholars have suggested probable cause could, in some circumstances, allow for a fact to be established as true to a standard of less than 51%, but as of August 2019, the United States Supreme Court has never ruled that the quantification of probable cause is anything less than 51%.
What doesn't count as probable cause?
Key Points to Understand About Probable Cause
This belief must be grounded in facts, observations, or information rather than just a vague hunch. Based on Facts: The belief must be based on factual evidence or circumstances observed by the officers. It can't be based solely on an officer's subjective opinion.
How to challenge probable cause?
Challenging probable cause involves questioning the evidence's validity and the procedures followed by law enforcement. Defense attorneys can file motions to suppress evidence or argue that the evidence was insufficient or improperly obtained.
What is probable cause due process?
The concept of probable cause balances an individual's right to privacy against the government's interest in maintaining public safety and order. It ensures that law enforcement actions are based on reasonable evidence rather than mere suspicion.
Is probable cause more likely than not?
Similarly, to arrest persons, the court must find that there is probable cause to believe that a crime has been committed and that it is more likely than not that the person to be arrested committed the offense.
How long can the police keep your phone for investigation?
Time limits: There's no strict time limit for how long police can hold a seized phone without a warrant. However, they should obtain a warrant or return the device within a reasonable timeframe.
Can someone press charges without proof?
Types of Evidence Used by the Prosecution
For example, the uncorroborated testimony of an eyewitness is sufficient for a charge and a conviction, if it proves the defendant's guilt beyond a reasonable doubt. A person may be charged based on the testimony of a witness or victim, even if there is no physical evidence.
How long can the dea hold you?
If the DEA froze the account, it's a federal offense they're investigating, and the statute of limitations for federal felonies is five years, unless they are investigating a conspiracy, in which case it's five years from the date of the last overt act in furtherance of the conspiracy.
How is probable cause determined?
Simply put, a judge typically determines probable cause by examining the facts presented in an officer's warrant application (affidavit). For instance, if police suspect stolen items are housed in a particular residence, they must provide supporting evidence to justify a search warrant.
What is an example of a lack of probable cause?
One instance where a lack of Probable Cause may arise is in prosecutions for Driving Under the Influence pursuant to California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC. Law enforcement is always on heightened alert for impaired drivers, especially at certain times and locations.
How much do you need for probable cause?
In general, probable cause requires more than reasonable suspicion (what's needed for a detention) but less than proof beyond a reasonable doubt (what's needed for a conviction). Courts are extremely reluctant to describe probable cause in terms of numbers.
What is an example of probable cause statement?
“This affidavit establishes probable cause to believe evidence of controlled substance distribution, in violation of 21 USC 841(a)(1)&(b), will be found at the residence located at 1234 Main Street, Anytown, State” or “there is probable cause to believe James Blow committed the offense of controlled substance ...
Is an accusation enough for probable cause?
Probable Cause and Formal Charges
Mere accusations, without corroborating evidence, might not meet this threshold. However, the bar for probable cause is lower than that required for a conviction, which demands proof beyond a reasonable doubt.
Which of the following can be used to establish probable cause?
There are four categories into which evidence may fall in establishing probable cause. These include observational, circumstantial, expertise, and information: Observational evidence is based on what the officer sees, smells, or hears.
What is the longest you can be detained?
An investigative detention may last anywhere from a few seconds to more than an hour, though there is no absolute time limit for a detention. However, it “must be temporary and last no longer than is necessary to effectuate the purpose of the stop…” United States v.
Is there a time limit for detention?
How Long Can I Be Held In Custody Before Being Charged? The rules regarding time limits of detention ahead of charges are clear and strict. You may only be legally detained for 24 hours from your arrest without being charged and being informed of the allegations against you.
Can a cop detain you without telling you why?
Police may briefly detain a pedestrian if they have at least reasonable, articulable suspicion that the pedestrian is involved in current or imminent criminal activity. (Note that while they must have specific, articulable facts to support this suspicion, they do not have to share those facts with you).